Notice of Trustee`s Sale

THE FOLLOWING
"NOTICE OF TRUSTEE'S SALE"
WERE SCANNED AND PLACED ON THE WEBSITE FOR THE ECTOR COUNTY CLERK ON: FEBRUARY 17,2015 IF A WITHDRAWAL OF THE NOTICE OF TRUSTEE'S SALE HAS BEEN RECEIVED, THE WITHDRAWAL NOTICE WILL NOT BE REFLECTED ON THE WEBSITE. LINDA HANEY, COUNTY CLERK ECTOR COUNTY, TEXAS •
•
NATIONSTAR MORTGAGE LLC (CXE)FHA 494-3659249-703 LEVARlO, FRANCISCO
ORNE, ODESSA, TX 79762 Our File Number: 14-019306 3607 LOMA NOTICE OF TRUSTEE'S SALE
WHEREAS, on March 31, 2010, FRANCISCO LEVARlO, AND WIFE, CAROLINA LEVARlO, as Grantor(s),
executed a Deed of Trust conveying to G. TOMMY BASTIAN, as Trustee, the Real Estate hereinafter described, to
MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., AS NOMINEE FOR BANK OF AMERICA, NA in
payment of a debt therein described. The Deed of Trust was fiIed in the real property records of ECTOR COUNTY, TX and is
recorded under Clerk's File/Instrument Number 2010-00004541, to which reference is herein made for all purposes.
WHEREAS, default has occurred in the payment of said indebtedness, and the same is now wholly due, and the owner
aod holder has requested to sell said property to satisfy said indebtedness;
WHEREAS, the undersigned has been appointed Substitute Trustee in the place of said original Trustee, upon
contingency and in the manner authorized by said Deed of Trust; and
NOW, THEREFORE, NOTICE IS HEREBY GIVEN that on TUESDAY, Ma.n:b 3, 2015 between ten o'clock AM and
four 0' clock PM and beginning not earlier than 10:00 A.M. or not later than three hours thereafter, I will sell said Real Estate at
the County Courthouse in ECTOR COUNTY, TX to the highest bidder for cash. The sale will be conducted in the area of the
Courthouse designated by the Commissioners Court., ofsaid county, pursuant to Section §51.oo2 ofthe Texas Property Code as
amended; if no area is designated by the Commissioners' Court., the sale will be conducted in the area immediately adjacent
(next) to the location where this Notice of Trustee's Sale was posted.
Said Real Estate is described as follows: In the County of ECTOR, State ofTexas:
LOT 19, BLOCK 50, WINDSOR HEIGHTS ADDITJON, 5TH FlUNG, AN ADDITION TO THE CITY OF ODESSA, ECTOR COUNTY, TEXAS, ACCORDING TO mE MAP OR PLAT OF RECORD IN VOLUME 6, PAGE 44, PLAT RECORDS, ECTOR COUNTY, TEXAS. Property Address:
3607
LOMA
DRIVE
ODESSA, TX 79762
Mortgage Servicer:
NATI0NSTAR
MORTGAGE
LLC
Noteholder: NATIONSTAR MORTGAGE
LLC 350 IDGHLAND DR.
LEWISVILLE, TEXAS 75067
The Mortgage Servicer is authorized to represent the Noteholder by virtue ofa servicing agreement with the Noteholder. Pursuant
to the Servicing Agreement and Texas Property Code §51.oo25, the Mortgage Servicer is authorized to collect the debt and to
administer any resulting foreclosure of the property securing the above referenced loan.
SUBSTITUTE TRUSTEE
SHELLEY NAIL OR KRISTINA MCCRARY OR
LANELLE LYNCH OR DONNA TROUT
c/o Shapiro Schwartz, LLP 13105
Northwest Freeway, Suite 1200
Houston, TX 77040
(713)462-2565 T
THE ORIGINAL WAS
FIlED T1~_
Id_ DAY OF
I.C
20
LINDA HANEY, COUNTY CLERK
-_.....::...\..a.....1O).rt-::-W
BY
__,
~EJ<AS
DEPUTY
\
•
NOTICE OF FORECLOSURE SALE
l. Property to Be Sold. The property to be sold is described as follows:
LOT ELEVEN (11), BLOCK THREE (3), REPLAT OF LOTS 1-4, BLOCK 3, WESTERLEIGH ADDITION, A
SUBDIVISION OF ECTOR COUNTY, TEXAS, ACCORDING TO THE MAP OR PLAT THEREOF RECORD IN
CABINET B, PAGE 85-A, PLAT RECORDS, ECTOR COUNTY, TEXAS.
2. Instrument to be Foreclosed. The instrument to be foreclosed is the Deed of Trust dated 10/31/2013 and recorded in
Document 2013-00018237 real property records of Ector County, Texas.
3. Date, Time, and Place ofSale.
Date: 03/03/2015
The sale will begin no earlier than 10:00 AM or no later than three hours thereafter.
Ector County Courthouse, Texas, at the following location: THE FRONT DOOR OF THE ECTOR COUNTY
COURTHOUSE (WEST ENTRANCE)OR AS DESIGNATED BY THE COUNTY COMMISSIONER'S OFFICE or
as designated by the County Commissioners Court.
4. Terms ofSale. The sale will be conducted as a public auction to the highest bidder for cash. Pursuant to the deed of trust,
the mortgagee has the right to direct the Trustee to sell the property in one or more parcels and/or to sell all or only part of the
property.
Pursuant to section 51.009 of the Texas Property Code, the property will be sold in AS IS, WHERE IS condition, without any
express or implied warranties, except as to the warranties of title, if any, provided for under the deed of trust. Prospective
bidders are advised to conduct an independent investigation of the nature and physical condition of the property.
Prospective bidders are reminded that by law the sale will necessarily be made subject to all prior matters of record affecting
the property, if any, to the extent that they remain in force and effect and have not been subordinated to the deed of trust. The
sale shall not cover any part of the property that has been released of public record from the lien of the deed of trust.
Prospective bidders are strongly urged to examine the applicable property records to determine the nature and extent of such
matters, if any. If the sale is set aside for any reason, the Purchaser at the sale shall be entitled only to a return of the deposit
paid. The Purchaser shall have no further recourse against the Mortgagor, the Mortgagee or the Mortgagee's attorney.
5. Obligations Secured. The Deed of Trust executed by BRADLEY DAVIDSON, provides that it secures the payment of the
indebtedness in the original principal amount of$112,917.00, and obligations therein described including but not limited to (a)
the promissory note; and (b) all renewals and extensions of the note. Pacific Union Financial LLC is the current mortgagee of
the note and deed of trust and PACIFIC UNION FINANCIAL, LLC is mortgage servicer. A servicing agreement between the
mortgagee, whose address is Pacific Union Financial LLC c/o PACIFIC UNION FINANCIAL, LLC, 1603 LBJ Freeway, Suite
500, Dallas, TX 75234 and the mortgage servicer and Texas Property Code § 51.0025 authorizes the mortgage servicer to
collect the debt.
6. Default and Request to Act. Default has occurred under the deed of trust, and the
Trustee conduct this sale. Notice is given that before the sale the mortgagee
conduct the sale.
14·000125·840 7114 WEST21STST.
ODESSA, TX 79763
ortgagee has requested a Substitute
ay app int ~other person s Stltu
stee to
' "
c/o A VT Title Services, LLC 13770 Noel Road #801529
Dallas, TX 75380-1529
ASSERT AND PROTECT YOUR RIGHTS AS A MEMBER OF THE ARMED FORCES OF THE UNITED STATES.
IF YOU ARE OR YOUR SPOUSE IS SERVING ON ACTIVE MILITARY DUTY, INCLUDING ACTIVE
MILITARY DUTY AS A MEMBER OF THE TEXAS NATIONAL GUARD OR THE NATIONAL GUARD OF
ANOTHER STATE OR AS A MEMBER OF A RESERVE COMPONENT OF THE ARMED FORCES OF THE
UNITED STATES, PLEASE SEND WRITTEN NOTICE OF THE ACTIVE DUTY MILITARY SERVICE TO THE
SENDER OF THIS NOTICE IMMEDIATELY.
111111111111111111111111111111111111111111111
4505621
•
NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU
MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION
FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY
BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL
SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER.
NOTICE OF TRUSTEE'S SALE
STATE OF TEXAS
COUNTY OF TEXAS
§
§
§
KNOW ALL MEN BY THESE PRESENTS:
13th day of January, 2015
Date:
Deed of Trust
Date:
Grantor:
Grantor's Address:
151 day of May, 2008
lim Haveman
110 Centergate
Odessa, Texas 79764
ECTOR COUNTY
Mortgagee:
Librado Valdez, and his wife
Rosa Valdez
Mortgagee's Address:
1103 West 25 th Street
Odessa, Texas 79763
Ector County
Property:
BEING LOTS ELEVEN (11) AND TWELVE (12), BLOCK
ONE (1), NORTH GATE ADDITION, A SUBDNISION OF ECTOR COUNTY, TEXAS,
ACCORDING TO THE MAP OR PLAT THEREOF OF RECORD IN VOLUME 2, PAGE 4,
PLATE RECORDS IN THE OFFICE OF THE ECTOR COUNTY, CLERK; SAVEAND EXCEPT
ALL OIL, GAS, AND OTHER MINERALS IN, ON OR UNDER SAID LAND AS HEREFORE
RESERVED BY PRIOR GRANTORS;
Trustee:
ROY L. BELL
Trustee Address:
426 NORTH TEXAS A VENUE
ODESSA, ECTOR COUNTY, TEXAS 79761
Date of Sale (first Tuesday of month):
3rt! day of March, 2015
Time of Sale: The sale shall begin no earlier than 10:00 a. m. or no later than three hours thereafter.
The sale shall be completed by no later than 4:00 p. m.
Place of Sale: Ector County Courthouse in Odessa, Ector County, Texas, at the following
location: 300 North Grant Avenue.
Default has occurred in the Deed of Trust. Mortgagee has failed to cure the default after
notice, and the period to cure has expired. Mortgagee, the owner and holder of the Deed of Trust,
has designated Trustee to post, file, and serve notice of the sale and conduct the sale as prescribed
by Section 51.002 of the Texas Property Code.
NoTICE OF TRusTEE'S SALE
Page 1 of 2
•
Trustee will sell the Property at public auction to the highest bidder for cash at the Place of
Sale on the Date of Sale to satisfy the unpaid balance of the Deed of Trust. The earliest time the
sale will begin is the Time of Sale, and the sale will be conducted no later than three hours after that
time.
Roy L. Bell, rustee
426 North Texas Avenue
Odessa, Texas 79761
Telephone: (432) 332-8278
Fax: (432) 580-3740
PAYEE MAILING ADDRESS:
Librado Valdez, and his wife
Rosa Valdez
1103 West 25 th Street
Odessa, Tx 79763
MAKER(S) MAILING ADDRESS:
CM RRR 7013 3020 0001 6990 7781
Via First Class Mail
Mr. Jim Haveman
110 Centergate
Odessa, Texas 79764
NoTICE OF TRUSTEE'S SALE
FILE~IS 1~ DAY OF
. ,20-~
linda Haney, COUNTY CLERK
OTOR C~TY c TEXAS
B
~~~PUTY
Page 2 of 2
NOTICE OF SUBSTITUTE TRUSTE_ALE
ECTOR County Deed of Trust:
Dated: April 5, 2002
Amount 524,700.00
Grantor(s): TONY LOPEZ, JR.
Original Mortgagee: BANCO POPULAR NORTH AMERICA
Current Mortgagee: BANCO POPULAR NORTH AMERICA
Mortgagee Address: BANCO POPULAR NORTH AMERICA, 525 Vine Street, Suite 800, Cincinnati, OH 45202
Recording Information: Volume 1653, Page 0522
Legal Description: LOT 1, BLOCK 26, TERRACE HILLS ADDITION, 2ND FILING, AN ADDITION TO THE CITY OF ODESSA,
ECTOR COUNTY, TEXAS, ACCORDING TO THE MAP OR PLAT THEREOF OF RECORD IN VOLUME 6, PAGE 6, PLAT
RECORDS, ECTOR COUNTY, TEXAS.
Date of Sale: March 3, 2015 between the hours of 10:00 AM. and 1:00 PM.
Earliest Time Sale Will Begin: 10:00 AM
Place of Sale: The foreclosure sale will be conducted at public venue in the area designated by the ECTOR County Commissioners Court
pursuant to Section 51.002 of the Texas Property Code as the place where foreclosure sales are to take place, or if no place is designated
by the Commissioners Court, the sale will be conducted at the place where the Notice of Trustee's Sale was posted.
LANELLE LYNCH OR SHELLEY NAIL OR KRISTINA MCCRARY have been appointed as Substitute Trustee(s), (,Substitute Trustee') each
empowered to act independently, in the place of said original Trustee, upon the contingency and in the manner authorized by said Deed of
Trust.
The Substitute Trustee will sell the Property by public auction to the highest bidder for cash at the place and date specified. The sale will
begin at the earliest time stated above or within three (3) hours after that time. If the sale is set aside for any reason, the Purchaser at the sale shall be entitled only to a return of the funds paid. The Purchaser shall have no further recourse against the Mortgagor, the Mortgagee or the Mortgagee's attorney. NOTICE IS FURTHER GIVEN that, except to the extent that the Substitute Trustee(s) may bind and obligate the Mortgagors to warrant title
to the Property under the terms of the Deed of Trust, conveyance of the Property shall be made 'AS IS' 'WHERE IS' without any
representations and warranties whatsoever, express or implied, and subject to all matters of record affecting the Property.
HUGHES, WATrERS & ASKANASE, L.L.P.
333 Clay, Suite 2900
Houston, Texas 77002
Reference: 2013-008335 clo Service Link
7301 N. Hwy 161, S .305
Irving, Texas 75039
FILE~,~~..2L~
DAY OF
, 20\5
Linda Haney, COUNTY CLERK
B~b~T~:;~TY
2013-OO8335mdf
1111111111111111111111111111111111
4507115
4909 LANCASTER DRIVE
ODESSA, TX 79762
00000004910469
NOTICE OF ISUBSTITUTEI TRUSTEE'S SALE
Assert and protect your rights as a member of the armed forces of the United States. If you are or your
spouse is serving on active military duty, including active military duty as a member of the Texas National
Guard or the National Guard ofanother state or as a member ofa reserve component of the armed forces of
the United States, please send written notice of the active duty military service to the sender of this notice
immediately.
I.
Date. Time. and Place of Sale.
Date:
March 03, 2015
The sale will begin at I 0:00AM or not later than three hours after that time.
WEST ENTRANCE OF THE ECTOR COUNTY COURTHOUSE OR AS DESIGNATED BY
THE COUNTY COMMISSIONERS or as designated by the county commissioners.
2.
Terms of Sale. Cash.
3. Instrument to be Foreclosed. The Instrument to be foreclosed is the Deed of Trust or Contract Lien dated
April 03, 2009 and recorded in Document VOLUME 2330, PAGE 480 real property records of ECTOR County,
Texas,
with JAIME
ROJO
SANCHEZ, grantor(s) and
MORTGAGE
ELECTRONIC
REGISTRATION
SYSTEMS, INC. ("MERS") AS NOMINEE, mortgagee.
4. Obligations Secured. Deed of Trust or Contract Lien executed by JAIME ROJO SANCHEZ, securing the
payment of the indebtednesses in the original principal amount of $83,460.00, and obligations therein described
including but not limited to the promissory note and all modifications, renewals and extensions of the promissory
note. WELLS FARGO BANK, N.A. is the current mortgagee ofthe note and Deed of Trust or Contract Lien.
5.
Property to Be Sold. The property to be sold is described as follows:
SEE EXHIBIT "A" ATTACHED HERETO AND INCORPORATED HEREIN FOR ALL PURPOSES.
6. Mortgage Servicer Information. The Mortgage Servicer is authorized to represent the Mortgagee by virtue of
a servicing agreement with the Mortgagee. Pursuant to the Servicing Agreement and Texas Property Code §
51.0025, the Mortgage Servicer is authorized to collect the debt and to administer any resulting foreclosure of the
lien securing the Property referenced above. WELLS FARGO BANK, N .A., as Mortgage Servicer, is representing
the current mortgagee, whose address is:
c/o WELLS FARGO BANK, N.A.
3476 STATEVIEW BLVD
FORT MILL, SC 29715
C
Substitute Trustee
c/o BARRETT DAFFIN FRAPPIER TURNER & ENGEL. LLP
15000 Surveyor Boulevard. Suite 100
Addison, Texas 75001
ILED THIS 2.l.oT.(\-DAY OF
20 16
•
f
Lin
Hone
I
COUNTY CLERK
ECTOR CO~~f TEXAS
. .
T~rEPUTY
111111111111111111111111111111111111111111111111111111IIIIIIIIIIIIIIIIIIIIIIIIIIII~IIIIIIIIIIIII NOS00000004 910469
NSTS3S)G.rpl- (05/30/2014) Ver-38
,
.
00000004910469
ECTOR
LOT 15, AND 383.28 SQUARE FEET OF LOT 14, BLOCK 36, SHERWOOD ADDITION, 5TH FILING, AN ADDITION TO THE
CITY OF ODESSA, ECTOR COUNTY, TEXAS, ACCORDING TO THE MAP OR PLAT THEREOF OF RECORD IN VOLUME 4,
PAGE 20, PLAT RECORS OF ECTOR COUNTY ,TEXAS, SAID 383.28 SQUARE FEET OF LOT 14 BEING MORE
PARTICULARL Y DESCRIBED BELOW.
383.28 SQ. FT. TRACT
A 383.28 SQUARE FOOT TRACT OF LAND OUT OF LOT 14, BLOCK 36, SHERWOOD ADDITION, 5TH FILING, AN ADDITION
TO THE CITY OF ODESSA, ECTOR COUNTY, TEXAS, ACCORDING TO THE MAP OR PLAT THEREOF OF RECORD IN THE
OFFICE OF THE COUNTY CLERK, ECTOR COUNTY, TEXAS;
BEGINNING AT A 1/2" IRON ROD FOUND THE SOUTHWEST CORNER OF LOT 14. BLOCK 36, SHERWOOD ADDITION 5TH
FILING, PLAT OF WHICH IS RECORDED IN VOLUME 4, PAGE 20, PLAT RECORDS FOR ECTOR COUNTY. TEXAS FOR THE
WEST CORNER OF THIS TRACT;
THENCE N. 42 DEG. I I' 17" E. 186.85 FEET TO A 112" IRON ROD WITH CAP SET IN THE WEST BOUNDARY LINE OF
LANCASTER DRIVE AND THE EAST BOUNDARY LINE OF SAID LOT 14 FOR THE NORTHEAST CORNER OF THIS TRACT;
THENCE SOUTHEASTERLY ALONG THE CURVED WEST BOUNDARY LINE OF LANCASTER DRIVE AND THE EAST
BOUNDARY LINE OF SAID LOT 14, RADIUS 277.77; PARTIAL DELTA 0 DEG 50' 48", AND ARC LENGTH OF 4.10 FEET TO A
POINT FOR THE SOUTHEAST CORNER OF SAID LOT 14, AND THIS TRACT;
THENCE S. 43 DEG. 26' 46" W, ALONG THE SOUTH BOUNDARY LINE OF SAID LOT 14AND THE NORTH BOUNDARY LINE
OF LOT 15, OF SAID BLOCK 36, 187 FEET TO THE PLACE OF BEGINNING AND CONTAINING 383.28 SQUARE FEET.
11111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111
NOS0000000491 0469
NSTS3SIG,rpt - (0513012014) - Ver-38
3629 MELODY LANE
ODESSA, TX 79762
00000004934386
NOTICE OF ISUBSTITUTEI TRUSTEE'S SALE
Assert and protect your rights as a member of the armed forces of the United States. If you are or your
spouse is serving on active military duty, including active military duty as a member of the Texas National
Guard or the National Guard of another state or as a member ofa reserve component of the armed forces of
the United States. please send written notice ofthe active duty military service to the sender of this notice
immediately.
I.
Date. Time. and Place of Sale.
Date: March 03, 2015
Time: The sale will begin at 10:00AM or not later than three hours after that time.
Place WEST ENTRANCE OF THE ECTOR COUNTY COURTHOUSE OR AS DESIGNATED BY THE COUNTY COMMISSIONERS or as designated by the county commissioners. 2. Terms of Sale. Cash.
3. Instrument to be Foreclosed. The Instrument to be foreclosed is the Deed of Trust or Contract Lien dated
July 31, 2008 and recorded in Document CLERK'S FILE NO. 2008-00012739 real property records of ECTOR
County, Texas, with JEREMY DOMINGUEZ AND NIKKI REYNA, grantor(s) and SUNTRUST MORTGAGE,
INC., mortgagee.
4. Obligations Secured. Deed of Trust or Contract Lien
REYNA, securing the payment of the indebtednesses in
obligations therein described including but not limited to the
extensions of the promissory note. SUNTRUST MORTGAGE,
of Trust or Contract Lien.
5.
executed by JEREMY DOMINGUEZ AND NIKKI
the original principal amount of $75,404.00, and
promissory note and all modifications, renewals and
INC. is the current mortgagee of the note and Deed
Property to Be Sold. The property to be sold is described as follows:
LOT 14, BLOCK 14, CRESTWOOD ADDITION, AN ADDITION TO THE CITY OF ODESSA, ECTOR COUNTY, TEXAS,
ACCORDING TO THE
MAP OR PLAT THEREOF RECORDED IN VOLUME 3, PAGE 53, PLAT RECORDS, ECTOR
COUNTY, TEXAS.
6. Mortgage Servicer Information. The Mortgage Servicer is authorized to represent the Mortgagee by virtue of
a servicing agreement with the Mortgagee. Pursuant to the Servicing Agreement and Texas Property Code §
51.0025, the Mortgage Servicer is authorized to collect the debt and to administer any resulting foreclosure of the
lien securing the Property referenced above. SUNTRUST MORTGAGE, INC., as Mortgage Servicer, is
representing the current mortgagee, whose address is:
c/o SUNTRUST MORTGAGE, INC.
1001 SEMMES AVENUE MAIL CODE RVW 3014
RICHMOND, VA 23224
Substitute Trustee
c/o BARRETT DAFFIN FRAPPIER TURNER & ENGEL, LLP
15000 Surveyor Boulevard, Suite 100
Addison, Texas 75001
itf
FiLED TH IS Zio
DAY OF
~20 ,~
Lindh
Haney:'COUNTY CLERK
ECTOR COUNTY, TEXAS
O~G.o'9. e~I:lEPUTY 111111
NOS00000004934386
NSTS3SIG.rpt - (05/3012014) - Ver-38
I
11111111111111111111111 UIII 11111 11111 11111 11111 111111111 11111111111111111111 1111111
Notice of Trustee's Sale
Date:
February~, 2015
Trustee: Stephen A. Beal
Street Address for Trustee: 104 S. Pecos Midland, Midland County, Texas 79701
Current Owner and Holder of the Note and Deed of Trust: BP-Residential, L.L.C.
Obligation: Real Estate Lien Note dated March 5, 2014, from Maker, Mr. James Valenciana and
Ms. Angela Renteria, as husband and wife to Payee, BP-Residential, L.L.c., in the original
principal amount of $75,000.00
Deed of Trust
Date: March 5, 2014
Recording Information: Filed on March 8, 2014, and recorded under document number ­
201400004220 Official Public Records of ECTOR County, Texas
Grantor: Mr. James Valenciana and Ms. Angela Renteria, as husband and wife
Trustee: Stephen A. Beal
Beneficiary: BP-Residential, L.L.C.
Property:
Lot 16, Block 5, PATTERSON ADDITION, 2nd FILING, an Addition to the
City of Odessa, Ector County,. Texas, according to the map or plat thereof of
record in Volume 3, Page 49, Plat Records, Ector County, Texas; EXCEPT all oil,
gas and other minerals as heretofore reserved by prior grantors.
Date of Sale (first Tuesday of month): March 3, 2015
Time of Sale: The sale will begin no earlier than 10:00 AM, and no later than three hours
thereafter.
Place of Sale: Ector County Courthouse
Default has occurred under the Deed of Trust. The current owner and holder of the Real
Estate Lien Note and the Deed of Trust has instructed the Trustee to offer the Property for sale
toward the satisfaction of the Real Estate Lien Note, by a nonjudicial foreclosure sale in
accordance with the power of sale granted by the Deed of Trust.
Notice is given that on the Date of Sale, the Trustee will offer the Property for sale at
public auction at the Place of Sale, to the highest bidder for cash, "AS IS", without any
express or implied warranties, except warranties of title.
•
•
Terms ofSale. The sale will be cOQducted as a public auction to the highest bidder. If the
highest bidder is someone other than the Lender, the purchase price will be payable in cash or its
equivalent, at the discretion of the Trustee, and will be payable immediately on acceptance of the
bid by the Trustee. If the Lender is the highest bidder, payment will be by a credit on the
Obligation, as permitted by the Deed of Trust.
Those persons and entities desiring to purchase the Property at the public auction, other
than the Lender, will need to demonstrate their ability to pay cash on acceptance of the bid by the
Trustee.
The sale will be made expressly subject to any title matters set forth in the Deed of Trust,
but prospective bidders are reminded that by law the sale will necessarily be made subject to all
prior matters of record affecting the Property, if any, to the extent that they remain in force and
effect and have not been subordinated to the Deed of Trust. The sale shall not cover any part of
the Property that has been released from the lien of the Deed of Trust, as shown in the public
records of the county where the Property is located. Prospective bidders are strongly urged to
examine the applicable public records to determine the nature and extent of such matters, if any.
The Trustee may sell the Property in one or more parcels and/or sell all or only part of the
Property.
Pursuant to section 51.009 of the Texas Property Code, the Property will be sold in "as is,
where is" condition, without any express or implied warranties, except as to the warranties of
title (if any) provided for under the Deed of Trust. Prospective bidders are advised to conduct an
independent investigation of the nature and physical condition of the Property.
Pursuant to section 51.0075 of the Texas Property Code, the Trustee reserves the right to
set further reasonable conditions for conducting the sale. Any such further conditions shall be
announced before bidding is opened for the first sale of the day held by the Trustee.
"Assert and protect your rights as a member of the armed forces of the United States. If
you are or your spouse is serving on active military duty, including active duty as a member of
the Texas National Guard or the National Guard of another state or as a member of a reserve
component of the armed forces of the United States, please send written notice of the active duty
military service to the sender of this notice immediately."
(STEPHEN A. BEAL, TRUSTEE
FILED THIS
')
~ DAY OF
~'ofUC\X~, 20iL
Linda Haney, COUNTY CLERK
. J6J.9R C
B~
.
. ,,!TY., TEXAS
.. . .
DEPUTY
NOTICE OF TRUSTEE'S SALE THE STATE OF TEXAS
COUNTY OF ECTOR
§
§
§
3-C's 7-9-10, L.L.C. is hereby notified that on Tuesday, March 3, 2015, between the hours
of 10:00 a.m. and 1:00 p.m., at the courthouse door located at the front entrance ofthe Ector County
Courthouse, 300 N. Grant, Odessa, TX 79761, in the City of Odessa, County of Ector, State of
Texas, I, the undersigned, will sell at public auction to the highest bidder for cash the real property
described on Exhibit A to this Notice of Trustee's Sale. The earliest time that the sale will begin is
10:00 a.m. on March 3, 2015.
This sale will be made to satisfY the debt evidenced by the following loan documents (the
"Loan Documents"):
1. Promissory Note dated November 8, 2013 in the original principal amount of
$72,000.00, executed by 3-C's 7-9-10, L.L.C. and payable to the order of
Commercial State Bank;
2. Promissory Note dated May 3,2013 in the original principal amount of$600,000.00,
executed by 3-C's 7-9-10, L.L.c. and payable to the order ofCommercial State Bank;
3. Deed of Trust dated May 2, 2013 among 3-C's 7-9-10, L.L.C., Charles Christensen,
Ricky Chambers, and Paula Chambers, as grantors, and Commercial State Bank, as
lender.
Payment of the obligations evidenced by the Loan Documents is secured by and pursuant to
the power of sale conferred in the Deed of Trust dated May 2, 2013 (referred to in this notice as the
Deed of Trust). The Deed of Trust was executed by 3-C's 7-9-10, L.L.C., as Grantor, to John E.
Grist, as Trustee, for the benefit of Commercial State Bank, and was recorded on May 8, 2013 as
Document 2013-0007485 in the Official Public Records ofEctor County, Texas. Commercial State
Bank has requested me, the undersigned, to enforce this trust by selling the real property because you
are in default in payment of the note described in the Deed of Trust.
NOTICE OF TRUSTEE'S SALE Page 1
ASSERT AND PROTECT YOUR RIGHTS AS A MEMBER OF THE ARMED FORCES OF THE UNITED STATES. IF YOU ARE OR YOUR SPOUSE IS SERVING ON ACTIVE
MILITARY DUTY, INCLUDING ACTIVE MILITARY DUTY AS A MEMBER OF THETEXA S
NATIONAL GUARD OR THE NATIONAL GUARD OF ANOTHER STATE ORASAMEMBER
OF A RESERVE COMPONENT OF THE ARMED FORCES OF THE UNITED STATES,
PLEASE SEND WRITTEN NOTICE OF THE ACTIVE MILITARY DUTY SERVICE TO THE
SENDER OF THIS NOTICE IMMEDIATEL Y.
The maturity of 3-C's 7-9-10, L.L.C.'s indebtedness to Commercial State Bank has been
accelerated and the entire unpaid principal ofthe Loan Documents is now due and payable. As of
January 23, 2015, 3-C's 7-9-10, L.L.c. owes Commercial State Bank the sum of $644,871.54.
Commercial State Bank, as the beneficiary of the Deed of Trust, appointed and substituted me, the
undersigned, as trustee under the Deed of Trust by a substitution dated January 26, 2015. As
substitute trustee, I am invested with and succeed to all the powers and duties given to the original
trustee.
Dated: January 30,2015.
David Terry, Substitu e T tee
Commercial State Ba
2525 N. Grandview
Odessa, TX 79761
Telephone: (432) 550-0700
STATE OF TEXAS
COUNTY OF ECTOR
§
§
§
BEFORE ME, the undersigned authority, on this day personally appeared David Terry, in his
capacity as Substitute Trustee, known to me to be the person whose name is subscribed to the
foregoing instrument, and acknowledged to me that he executed the same for the purposes and
consideration therein expressed.
NOTICE OF TRUSTEE'S SALE
Page 2
GIVEN UNDER MY HAND and seal of office this the.3:;i.....day of
~~~~~
DANA RREYNOLDS
•• ~\ Notary Public, State of Texas
.~i My Commission Expires
,~~"
':J(,~, 2015.
I~ ~ {2 tzd~-.~aa
NOTARY PUBLIC IN AND F R THE
STATE OF TEXAS
September 11, 2018
CERTIFICATE OF SERVICE
THIS IS TO CERTIFY that a true and correct copy of the above and foregoing Notice of
,
Fof~r....!-,rl
Trustee's Sale was, on this the'f..u.\dayJMl:U:lt", 2015, mailed via Certified Mail- Return Receipt
Requested, postage pre-paid, to the following parties:
3-C's 7-9-10, L.L.C.
5987 West 42nd Street
Odessa, TX 79764
Charles Christensen
5987 West 42 nd Street
Odessa, TX 79764
Ricky Chambers
5987 West 42 nd Street
Odessa, TX 79764
Paula Chambers
5987 West 42 nd Street
Odessa, TX 79764
MICHAEL G. KELLY
NOTICE OF TRUSTEE'S SALE
Page 3
EXHIBIT A
Tract I: Lot I, Block 6, a Replat of 0.43 acres in the Southeast part of
Block 6, Westside Addition, an Addition to the City of Odessa, Ector County,
Texas, according to the map or plat thereof of record in Volume 11, Page 18, Plat
records, Ector County, Texas, SAVE AND EXCEPT a 0.0045 acre tract ofland
being more particularly described by metes and bounds on Exhibit A attached
hereto.
Tract II: A 1.04 acre tract out of 11.04 acre tract in Northwest part of
Section 13, Block 43, T-2-S, T & PRy. Co. Survey, Ector County, Texas; and
being more particularly described on Exhibit B attached hereto.
THE ORIGINAC
FILED THIS
WAS
~ ,. DAY C
t~~:!DHttEY' cO~~l
8Y~~EXA!
DEPur,
Current Borrower:
MHA File Number:
VAJFHAJPMI Number:
Loan Type:
Property Address:
PA~UMGARDNER AND WIFE, BRANDI BAUM~NER
TX-.157-FC
,.,
FHA
2117 ADAMS AVE, ODESSA, TX 79761
NOTICE OF SUBSTITUTE TRUSTEE SALE
Grantor(s)lMortgagor(s):
Deed of Trust Date:
10/20/2008
PAUL BAUMGARDNER AND WIFE, BRANDI
BAUMGARDNER
Original Beneficiary/Mortgagee:
Current BeneficiarylMortgagee:
MORTGAGE ELECTRONIC REGISTRATION
SYSTEMS, INC. ("MERS") SOLELY AS A
NOMINEE FOR SECURlTYNATIONAL
MORTGAGE COMPANY, A UTAH
CORPORATION ITS SUCCESSORS AND
ASSIGNS
Recorded in:
Volume: 2293
Page: 731
Instrumeut No: 2008-00017576
Mortgage Servicer:
JPMorgan Chase Bank, National Association
Property County:
ECTOR
JPMorgan Chase Bank, National Association is
representing the Current BeneficiarylMortgagee
under a servicing agreement with the Current
BeneficiaryiMortgagee.
Mortgage Servicer's Address:
1111 Polaris Parkway, Columbus, OH 43240
Legal Description: LOT 16, BLOCK 7, NORMANDY HEIGHTS ADDITION, AN ADDITION TO THE CITY
OF ODESSA, ECTOR COUNTY, TEXAS, ACCORDING TO THE MAP OR PLAT OF RECORD IN VOLUME
2, PAGE 46, PLAT RECORDS, ECTOR COUNTY, TEXAS.
Date of Sale:
3/3/2015
Earliest Time Sale Will Begin:
10:00 AM
Place of Sale of Property: THE FRONT DOOR OF THE ECTOR COUNTY COURTHOUSE (WEST
ENTRANCE) OR IN THE AREA DESIGNATED BY THE COMMISSIONER'S COURT, PURSUANT
TO SECTION 51.002 OF THE TEXAS PROPERTY CODE.
The Substitute Trustee will sell the property by public auction to the highest bidder for cash at the place
and date specified. The sale will begin at the earliest time stated above or within three (3) hours after that
time.
Notice Pursuant to Tex. Prop. Code § 51.002(;):
Assert and protect your rights as a member of
the anned forces of the United States. If you
are or your spouse is serving on active military
duty. including active military duty as a
member of the Texas National Guard or the
National Guard of another state or as a
member of a reserve component of the anned
forces of the United States, please send
written notice of the active duty military
service to the sender of this notice
immediately.
TXreet
Plano, TX F_Trustee_Zip
FILED
THIS~
ae~\5
DAY OF
Linda H~-';~f€6uNTY CLERK
111I111111I1111~m~~!IIIIIIIIW I
T.oR
~NTY, T~::~TY NOTICE OF TRUSTEE'S SALE
..Assert and protect your rights as a member of the armed forces of the
United States. If you are or your SDouse is serving on active militarv duty.
including active militarv duty as a member of the Texas National Guard or the
National Guard of another state or as a member of a reserve component of
the armed forces of the United States. please send written notice of the
active duty militarv service to the sender of this notice immediately."
THE STATE OF TEXAS
COUNTY OF ECTOR
WHEREAS, On the
§
§
§
ISTH
day of JUNE. 2014, GARY D SIMS II AND WIFE LATASHA LEEANN
SIMS executed a Deed of Trust conveying to JIMMY W. PEACOCK and/or LORI M RUIZ, a Trustee, the
real estate hereinafter described to secure A N FINANCE, in the payment of a debt therein described,
said Deed of Trust being recorded in DOCUMENT NUMBER: 2014-00010750, in the Official Public
Records of Ector County, Texas; and
WHEREAS, Default has occurred in the payment of said indebtedness, and the same is now
wholly due, and the owner and holder of said debt has requested the undersigned to sell said property to
satisfy said indebtedness.
NOW, THEREFORE, NOTICE IS HEREBY GIVEN That on Tuesday, the 3
RD
day of MARCH,
2015, I will sell said real estate at the front West Entrance door of the County Court House in Ector
County, Texas, to the highest bidder for cash. The earliest time that the sale will take place is 10:00 A. M.
This Sale is subject to outstanding taxes, restrictions, and all other items of record.
Said real estate is described as follows:
LOT 5, BLOCK 124, CRESCENT PARK, an Addition to the City of Odessa, Ector County,
Texas, according to the map or plat thereof of record in Ector County Texas. WITNESS MY HAND this 4TH day of FEBRUARY, 2015. FILED THIS
Lt~
DAY OF
t""'4blua~, 20·-,-",'5",,-­
Linda Haney, COUNTY CLERK
TOR
UNTY,
. TEXAS
NOTICE OF TRUSTEE'S SALE "Assert and protect your rights as a member of the armed forces of the
United States. If you are or your spouse is serving on active militarv duty,
including active militarv duty as a member of the Texas National Guard or the
National Guard of another state or as a member of a reserve component of
the armed forces of the United States,
please send written notice of the
active duty military service to the sender of this notice immediately. "
THE STATE OF TEXAS
COUNTY OF ECTOR
§
§
§
WHEREAS, On the 26Tf1 day of AUGUST, 2014, VIRGINIA CHEYENNE EARNEST executed a
Deed of Trust conveying to JIMMY W. PEACOCK and/or LORI M RUIZ, a Trustee, the real estate
hereinafter described to secure A N FINANCE, in the payment of a debt therein described, said Deed of
Trust being recorded in DOCUMENT NUMBER: 2014-00015460, in the Official Public Records of Ector
County , Texas; and
WHEREAS, Default has occurred in the payment of said indebtedness, and the same is now
wholly due, and the owner and holder of said debt has requested the undersigned to sell said property to
satisfy said indebtedness.
NOW, THEREFORE, NOTICE IS HEREBY GIVEN That on Tuesday, the 3
RD
day of MARCH,
2015, I will sell said real estate at the front West Entrance door of the County Court House in Ector
County, Texas, to the highest bidder for cash. The earliest time that the sale will take place is 10:00 A M.
This Sale is subject to outstanding taxes, restrictions, and all other items of record. Said real estate is described as follows: LOT 38, BLOCK 17, NORTH PARK ADDITION, 7TH FlLING, an Addition to the City of Odessa, Ector County, Texas, according to the map or plat thereof of record in Ector County Texas. WITNESS MY HAND this 4TH day of FEBRUARY, 2015. ARETTE, Trustee
FILED THIS
~ DAY OF
*~20\S
Linda Haney, 'COUNTY
!J
B
J
CLER.K,
0R
ff::~Y. ,.TEXAS .
"j~
~_ Q~~T1f'
NOTICE OF TRUSTEE'S SALE "Assert and
protect your rights as a member of the armed forces of the
United States. If you are or your spouse is serving on active military duty,
including active military duty as a member of the Texas National Guard or the
National Guard of another state or as a member of a reserve component of
the armed forces of the United States.
please send written notice of the
active duty military service to the sender of this notice immediately."
THE STATE OF TEXAS
COUNTY OF ECTOR
§
§
§
WHEREAS, On the 21 ST day of FEBRUARY, 2014, CAIN COSTILLA AND LACIE DASHAE
HOUSER executed a Deed of Trust conveying to JIMMY W. PEACOCK and/or LORI M RUIZ, a Trustee,
the real estate hereinafter described to secure A N FINANCE, in the payment of a debt therein described,
said Deed of Trust being recorded in DOCUMENT NUMBER: 2014-00002515, in the Official Public
Recorcis of Ector County, Texas; and
WHEREAS, Default has occurred in the payment of said indebtedness, and the same is now
wholly due, and the owner and holder of said debt has requested the undersigned to sell said property to
satisfy said indebtedness.
RO
NOW, THEREFORE, NOTICE IS HEREBY GIVEN That on Tuesday, the 3
day of MARCH,
2015, I will sell said real estate at the front West Entrance door of the County Court House in Ector
County, Texas, to the highest bidder for cash. The earliest time that the sale will take place is 10:00 A. M.
This Sale is subject to outstanding taxes, restrictions, and all other items of record.
Said real estate is described as follows:
LOT 6, BLOCK 77. SHERWOOD ADDITION, an Addition to the City of Odessa, Ector
County. Texas, according to the map or plat thereof of record in Ector County Texas.
WITNESS MY HAND this 4TH day of FEBRUARY, 2015.
RETTE, Trustee
FILED THIS
~ DAY OF
~20->,...L5-
Linda Haney, COUNTY CLERK
~O~~UNTY, TEXAS
ByUc\~J\Ll9u DEPUTY
NOTICE OF TRUSTEE'S SALE
"Assert and
protect your rights as a member of the armed forces of the
United States. If you are or your spouse is serving on active militarv duty,
including active militarv duty as a member of the Texas National Guard or the
National Guard of another state or as a member of a reserve component of
the armed forces of the United States, please send written notice of the
active duty militarv service to the sender of this notice immediately."
THE STATE OF TEXAS
COUNTY OF ECTOR
§
§
§
WHEREAS, On the 20 TH day of FEBRUARY, 2014, BOBBY JO PUEBLA AND WIFE VALERIE V
MENDEZ executed a Deed of Trust conveying to JIMMY W. PEACOCK and/or LORI M RUIZ, a Trustee,
the real estate hereinafter described to secure A N FINANCE, in the payment of a debt therein described,
said Deed of Trust being recorded in DOCUMENT NUMBER: 2014-00002517, in the Official Public
Records of Ector County, Texas; and
WHEREAS, Default has occurred in the payment of said indebtedness, and the same is now
wholly due, and the owner and holder of said debt has requested the undersigned to sell said property to
satisfy said indebtedness.
NOW, THEREFORE, NOTICE IS HEREBY GIVEN That on Tuesday, the 3
RD
day of MARCH,
2015, I will sell said real estate at the front West Entrance door of the County Court House in Ector
County, Texas, to the highest bidder for cash. The earliest time that the sale will take place is 10:00 A. M.
This Sale is subject to outstanding taxes, restrictions, and all other items of record.
Said real estate is described as follows:
LOT 3, REPLAT OF NORTH PART OF, BLOCK 48, CRESCENT PARK AI)DlTION 3RD
FILING, an Addition to the City of Odessa, Ector County, Texas, according to the map or plat thereof of record in Ector County Texas. WITNESS MY HAND this 5 rH day of FEBRlJARY, 2015. "
1
./
.:....--1-•.. - /
~(A:;;ETT6E. Trustee
/
FILED THIS
.Lt"*'
DAY OF
~20l5
Linda Haney,'COUNTY CLERK
CTOR OUNTY, TEXAS
DEPUTY
B
HOME EQUllY POSTING WITH ORDER AITACHED
5724 WEST MILES
20130209100022
ODESSA,TX 79763
NOTICE OF SUBSTITUTE TRUSTEE SALE
(See TEX. CONST.llrt.Xn; § 50a(6) Order attached)
Assert and protect your rights as a member of the armed forces of the United State:!. If you are or your spouse is serving on
adive !Uilitllry duty, iududing active millta" duty as a member of the Texas National Guard or the National Guard of
another state or as II member of a reserve component of the armed forces of the United States, please send written notice of the
active duty !Uilita" service to the sender of this notice immedil!tel:¥.
1.
2.
Date. Time, and Place of Sale.
Date: March 03,2015.
Time: The sale will begin at 10:OOAM or not later than three hours after that time.
Place WEST ENTRANCE OF THE ECTOR COUNTY COURTHOUSE OR AS DESIGNATED BY THE COUNTY
CO:MMISSIONERS or as designated by the county commissioners.
Terms of Sale. Cash.
3. Instrument to be Foreclosed. The Instrument to be foreclosed is the Deed of Trust or Contract Lien dated September 28, 2006
and recorded in Document VOLUME 2071, PAGE 221 real property records of ECTOR County, Texas, with JUAN ZAVALA AND
CYNTHIA ZAVALA, grantor(s) and ClTIFINANCIAL, INC., mortgagee.
4. Obligations Secured. Deed of Trust or Contract Lien executed by JUAN ZAVALA AND CYNTHIA ZAVALA, securing the
payment of the indebtednesses in the original principal amollllt of $31,320.15, and obligations therein descnoed including but not
limited to the promissory note and all modifications, renewals and extensions of the promissory note.
CITIFINANCIAL
SERVICING, LLC is the C1.l!rent mortgagee of the note and Deed of Trust or Contract Lien.
5.
Property to Be Sold. The property to be sold is described as follows:
LOT 16-18, BLOCK 8, MILES DMSION, ECTOR COUNTY, TEXAS.
6.
Mortgage Servicer Information.
The Mortgage Servicer is authorized to represent the Mortgagee by virtue of a semcmg
agreement with the Mortgagee. Pursuant to the Servicing Agreement and Texas Property Code § 51.0025, the Mortgage Servicer is
authorized to collect the debt and to administer any resulting foreclosure of the lien securing the Property referenced above.
CITIFIN'ANCIAL SERVICING LLC, as Mortgage Servicer, is representing the current mortgagee, whose address is:
c/o CITIFINANCIAL SERVICING LLC
CE
15000 Surveyor Boulevard, Suite 100
Addison, Texas 75001
111111111111111~111~ 1I1111rlllllllllllllllllllllllllllllllllllllllllll~111111 ~IIIIII
NOS2013020910oo22
Page 1 of 1
FCTX_RevMotgPost_Manual.Ipl- (0513012014)1 Vcr-18 (Home Equity Posting)
q-tl
FILE~ THIS~-----:.-DAY OF
~~ 20 It)
qTO,R
lMt'1J~DEPUTY Linda Haney, 'COUNTY CLERK
CQ~IY~. 1TEXAS
CAUSE NO. C137,919
In Re Order of Fo«clo8tll'e
Cooceming
§
§
§
5724 WEST MILES,
ODB~T~7~~
IN THE DISTRICI' COUIIT
§
§
§
C"lldet T ex. R. CW. P. 736
Petitic:lle%:
RO:BERT D. FORSTER. n. THE
APPOINTED SU:BSITI'UTE TRUSTEE
CITIFINANClAL SERVICING, LLC
S
S
§
§
OF ECTORCOUNIT.l'ExAs §. Respondent(s):
JUAN ZA.VALA. and CYNTHIAZAVltuA
§
§
§
§
244TH JUDICIAL DISTRICT
EXPEDITED ORDER UNDER RULE 7~£l
1. On this da:y, the Court collSideted Pet:it:ioller's 1Ipplicarioll for an expedited
<:;roo uo.dct: Rule
736. A:ftet reviewing the pleadings, the affidaviu 2X!d the argumen13 of COUD:!el, if any, the court
. 2. The:name md hsr knowa address of eacb Respondent subject to this
moo is J1l:m Zavah,
whose last knO'W'l1 :address is 5724 West Miles, Odessa, Te:ms 79763, and Cynthie. Zanle., 'IlI'hose
last linown address ~ 5724 West Miles, Odessa, 1'=.5 7976.3. Each Re.;pondent "'.as properly
serv-cd with the citaUOII and filed.
:I.
lespome within the tim~ required by law. The ::etum of
8c:vice for each Respondent has been on file with the court for at least ten days.
3. The p.coperty that is the ~jecr: of this
~ Odessa, 7= 19763 witb
LOT 16-18, BLOCK
~llte proc='liDg is commonly knoWll
.as Si24 West
the fullowil:Jg legal deso:ipti<>n:
a, MU.ES DIVISION, ECTOR COm,i"IY, TEX..\$..
4. The !len to be foreclosed is inde:s:ed or =rded :at V c~ 2{)71, Page 221 and ~corded in the
!W property records of Ector County, Texas.
7~ORDBR
BDFTE # 4<S21215
Pase 1
•
5. The mate:ria1 facts estil.blishiog Respond=t's dcfiwlt ;;u:e alleged in Petitio.o.er's application and
the sttppoJ:ting aflidzrit Those facts Ui: :adQ}'ted by the coon ana in<:orpomted by teference in
6. Based on the 1Iffida.v:it of Peririoner. no Respon<:lent subject to t:bis onle.r is pl:otected from
fO:teclo= by the ~be:t:S Civ.il Relief ht, SO U.S.c. App. § 501 et seq.
Civil P=:edu:te 736.6 and 736.8. CitiFl:!Wldal Se:rv.icl!Jg, lle, 0% its
succeSSOI:S OJ:
3SSigos, Ill2Y
the loan ~nt, =tnct. or lL:n sotISht to be foreclosed.
8. Thi$ Otder"is !lot SIlbject, to a motion for teh~ a new
t.:tial" II. bill of :tl:View, or an appeaL
1wy clWleage to this oroex: must be rogdc in a sepu&te, original proceeding filed in
with Tens Rule of Civil Procedure 736.1 L
SIGN"ED this
1
day of
ORDER SUBMlTIED BY:
~~--
Joseph
"'Va.i:ek
Sll!.te Ba:t No.; 24039948
15000 Survey\X Blvd, Ste.. 100
Addison, Texas 75001
(J72) 340-7809
(J7Z) 341-0734 (Facai:mile)
[email protected]
AITORNEY FOR PETII10NER
736 ORDER
BDFrE # 4621215
JUc.trr-t.:y.. 0
.2014.
'II/;J~~~t.d/
llCCOIoance
1307 GRAHAM STREET
ODESSA, TX 79763
00000004924890
NOTICE OF ISllBSTlTllTEI TRUSTEE'S SALE
Assert and protect your rights as a member of the armed forces of the llnited States. Ihou are or your
spouse is serving on active military duty, including active military duty as a member of the Texas National
Guard or the National Guard of another state or as a member of a reserve com ponent of the armed forces of
the United States, please send written notice of the active duty military service to the sender ofthis notice
immediately.
I.
Date. Time. and Place of Sale.
Date: March 03, 2015
The sale will begin at IO:OOAM or not later than three hours after that time.
Place 2.
WEST ENTRANCE OF THE ECTOR COUNTY COURTHOUSE OR AS DESIGNATED BY THE COUNTY COMMISSIONERS or as designated by the county commissioners. Terms of Sale. Cash.
3. Instrument to be Foreclosed. The Instrument to be foreclosed is the Deed of Trust or Contract Lien dated
March 07, 2005 and recorded in Document CLERK'S FILE NO. 00003718 real property records of ECTOR
County, Texas, with ROBERT HERNANDEZ, grantor(s) and MORTGAGE ELECTRONIC REGISTRA TION
SYSTEMS, INC., mortgagee.
4. Obligations Secured. Deed of Trust or Contract Lien executed by ROBERT HERNANDEZ, securing the
payment of the indebtednesses in the original principal amount of $33,900.00, and obligations therein described
including but not limited to the promissory note and all modifications, renewals and extensions of the promissory
note.
PHH MORTGAGE CORPORATION is the current mortgagee of the note and Deed of Trust or Contract
Lien.
5.
Property to Be Sold. The property to be sold is described as follows:
LOT 4, BLOCK 7, 3RD REPLAT OF WINTON ADDITION, AN ADDITION TO THE CITY OF ODESSA, ECTOR
COUNTY, TEXAS, ACCORDING TO THE MAP OR PLAT THEREOF OF RECORDS IN VOLUME 2, PAGE I II, PLAT
RECORDS, ECTOR COUNTY, TEXAS.
6. Mortgage Servicer Information. The Mortgage Servicer is authorized to represent the Mortgagee by virtue of
a servicing agreement with the Mortgagee. Pursuant to the Servicing Agreement and Texas Property Code §
51.0025, the Mortgage Servicer is authorized to collect the debt and to administer any resulting foreclosure of the
lien securing the Property referenced above. PHH MORTGAGE CORP. FIK/A CENDANT MORTGAGE CORP.,
as Mortgage Servicer, is representing the current mortgagee, whose address is:
c/o PHH MORTGAGE CORP. FIKIA CENDANT MORTGAGE CORP. 200 I BISHOPS GATE BLVD. MT. LAUREL, NJ 08054 CH
Substitute Trustee
c/o BARRETT DAFFIN FRAPPIER TURNER & ENGEL, LLP
15000 Surveyor Boulevard, Suite 100
Addison, Texas 75001
FILED~S
_cpt . . DAY OF
20 l'j
linda Haney, 'COUNTY CLERK
~~~~~I .C,?U... NTY TEXAS
~1~~1}~ DEPUTY
1111111111111111111111111111111111111111111111111111111/1111111111111111111111111111111111111111111
NOS00000004924890
NSTS3SIG,rpt· (0513012014)· Ver-38
1616 PETROLEUM DRIVE
ODESSA, TX 79762
00000004999017
NOTICE OF ISUBSTITUTEI TRUSTEE'S SALE
Assert and protect your rights as a member of the armed forces of the United States. If you are or your
spouse is serving on active military duty, including active military duty as a member of the Texas National
Guard or the National Guard of another state or as a member of a reserve component of the armed forces of
the United States, please send written notice ofthe active duty military service to the sender ofthis notice
immediately.
I.
Date. Time. and Place of Sale.
Date: March 03, 2015
Time: The sale will begin at 10:00AM or not later than three hours after that time.
Place WEST ENTRANCE OF THE ECTOR COUNTY COURTHOUSE OR AS DESIGNATED BY THE COUNTY COMMISSIONERS or as designated by the county commissioners. 2. Terms of Sale. Cash.
3. Instrument to be Foreclosed. The Instrument to be foreclosed is the Deed of Trust or Contract Lien dated
February 09, 2004 and recorded in Document VOLUME 1816, PAGE 0730 real property records of ECTOR
County, Texas, with ROBERT VIERA AND ROBERT VIERA ZAMORA, grantor(s) and WELLS FARGO
HOME MORTGAGE, INC., mortgagee.
4. Obligations Secured. Deed of Trust or Contract Lien executed by ROBERT VIERA AND ROBERT VIERA
ZAMORA, securing the payment of the indebtednesses in the original principal amount of $62,100.00, and
obligations therein described including but not limited to the promissory note and all modifications, renewals and
extensions of the promissory note.
DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR
GSAMP TRUST 2004-WF is the current mortgagee of the note and Deed of Trust or Contract Lien.
5. Property to Be Sold. The property to be sold is described as follows:
LOT 7, BLOCK 33, FLEETWOOD ADDITION, 3RD FILING, AN ADDITION TO THE CITY OF ODESSA, ECTOR
COUNTY, TEXAS, ACCORDING TO THE MAP OR PLAT THEREOF OF RECORD IN VOLUME 8, PAGE 20, PLAT
RECORDS, ECTOR COUNTY, TEXAS.
6. Mortgage Servicer Information. The Mortgage Servicer is authorized to represent the Mortgagee by virtue of
a servicing agreement with the Mortgagee. Pursuant to the Servicing Agreement and Texas Property Code §
51.0025, the Mortgage Servicer is authorized to collect the debt and to administer any resulting foreclosure of the
lien securing the Property referenced above. WELLS FARGO BANK, N.A., as Mortgage Servicer, is representing
the current mortgagee, whose address is:
c/o WELLS FARGO BANK, N.A.
3476 STATEVIEW BLVD
FORT MILL, SC 29715
Substitute Trustee
clo BARRETT DAFFIN FRAPPIER TURNER & ENGEL, LLP
15000 Surveyor Boulevard, Suite 100
Addison, Texas 75001
~~~
FILE~~S ~ .. ~o, DAY OF
-, 20-~
Linda Haney, COUNTY CLERK
'4:TO~ c~ TEXAS
B ~nvtDEPUTY
111111 1111111111111 11111111
IIIIIIIIIIIIIIIIII~ IIIIIIIIIII~IIIIIIIIIIIIIIIIIIII 1111111111 11111111 NOS000000049990 17
NSTS3SIGxpl- (0513012014) Ver-38
NOTICE OF FORECLOSURE SALE Assert and protect your rights as a member of the armed forces of the United States. If
you are, or your spouse is serving on active military duty, including active military duty as a
member of the Texas National Guard or the National Guard of another state or as a member of
a reserve component of the armed forces of the United States, please send written notice of the
active duty military service to the sender of this notice immediately.
1.
Property to Be Sold. The property to be sold is the real property, mineral leases, personal
property, improvements, fixtures, appurtenances and all security as secured by the Deed of Trust and
located in and on the property commonly referred to as the Ector County Leases, more specifically
described in Exhibit "A" attached hereto.
2.
Instruments to be Foreclosed. The instruments to be foreclosed are the following:
(a) Deed of Trust, Assignment of Rents, Revenues, Security Agreement and Fixture
Filing dated October 4, 2011 and recorded on February 22, 2012 at Instrument Number 2012­
00002516 of the Official Public Records of Ector County, Texas, renewed extended and
modified by:
(b) Deed of Trust, Assignment of Leases, Rents, Revenues, Security Agreement and
Fixture Filing dated August 2, 2013 and filed at Instrument Number 2013-00014059 of the
Official Public Records of Ector County, Texas.
3.
Date, Time, and Place of Sale. The sale is scheduled to be held at the following date,
time, and place:
Date: Tuesday, March 3, 2015
Time: The sale will begin no earlier than 12:00 or no later than 3:00 p.m., and will
be completed by 4:00 p.m.
Place: Ector County Courthouse, Front Door of the West Entrance
300 North Grant
Odessa, Texas 79761
The Deeds of Trust permit the beneficiary to postpone, withdraw, or reschedule the sale
for another day. In that case, the trustee or substitute trustee under the Deed of Trust need not appear
at the date, time, and place of a scheduled sale to announce the postponement, withdrawal, or
rescheduling. Notice of the date of any rescheduled foreclosure sale will be reposted and refiled in
accordance with the posting and filing requirements of the Texas Property Code. The reposting or
refiling may be after the date originally scheduled for this sale.
4.
Terms of Sale. The sale will be conducted as a public auction to the highest bidder for
cash, subject to the provisions of the Deed of Trust and security agreement permitting the beneficiary
Notice of Foreclosure Sale
{AGFINNOOO 15/00 190768}
thereunder to have the bid credited to the note up to the amount of the unpaid debt secured by the
Deed of Trust at the time of sale.
Those desiring to purchase the property will need to demonstrate their ability to pay their
bid immediately in cash if their bid is accepted.
The sale will be made expressly subject to any title matters set forth in the Deed of Trust,
but prospective bidders are reminded that by law the sale will necessarily be made subject to all prior
matters of record affecting the property, if any, to the extent that they remain in force and effect and
have not been subordinated to the Deed of Trust and security agreement. The sale shall not cover any
part of the property that has been released of public record from the lien of the Deed of Trust or
security agreement. Prospective bidders are strongly urged to examine the applicable property
records to determine the nature and extent of such matters, if any.
Pursuant to the Deed of Trust, the beneficiary has the right to direct the Trustee to sell the
property in one or more parcels and/or to sell all or only part of the property.
Pursuant to section 51.009 of the Texas Property Code, the property will be sold in "as is,
where is" condition, without any express or implied warranties, except as to the warranties of title (if
any) provided for under the Deed of Trust. Prospective bidders are advised to conduct an
independent investigation of the nature and physical condition of the property.
Pursuant to section 51.0075 of the Texas Property Code, the trustee reserves the right to
set further reasonable conditions for conducting the sale. Any such further conditions shall be
announced before bidding is opened for the first sale of the day held by the trustee or any substitute
trustee.
5.
Type of Sale. The sale is a nonjudicial foreclosure sale being conducted pursuant to the
power of sale granted by the Deeds of Trust referenced above as executed by Mark III Energy
Holdings, LLC, BHB Operating, Inc. and Lance Duncan and Holly Duncan.
The real property and personal property encumbered by the Deed of Trust will be sold at
the sale in accordance with the provisions of the Deed of Trust and as permitted by section 9.604(a)
of the Texas Business and Commerce Code.
6.
Obligations Secured. The Deed of Trust provides that it secures the payment of the
indebtednesses and obligations therein described (collectively, the "Obligations") including but not
limited to the Loan Agreement in the original principal amount of $7,696,566.17, executed by Mark
III Energy Holdings, LLC, BHB Operating, Inc., Lance Duncan and Holly Duncan and payable to the
order of Steward Energy Fund, LLC in accordance with the LOl;ln Agreement and the lien documents
referenced therein; to include any and all present and future indebtedness. Steward Energy Fund,
LLC is the current owner and holder of the obligations and is the beneficiary under the Deed of Trust,
Assignment of Leases, Leases Rents, Revenues, Security Agreement and Fixture Filing. Further, the
Deed of Trust, Assignment of Rents, Revenues, Security Agreement and Fixture Filing recorded in
Instrument Number 2013-00014059 of the Official Public Records of Ector County, Texas, creates a
lien on the Property and secures all performance obligations of Mark III Energy Holdings, LLC, BHB
Notire ofForeclosure Sale
{AGFINAJ00015/00190768}
Operating, Inc., Lance Duncan and Holly Duncan under this Deed of Trust, some of which
obligations have been defaulted on.
As of February 6, 2015, the amount due on the indebtedness is as follows:
Principal Balance: $3,545,326.05
Daily Interest Accrual: $777.06
Questions concerning the sale may be directed to the undersigned or to the beneficiary,
Steward Energy Fund, LLC, Attn: Courtney Hays at 3900 S. Overland Ave., Springfield, MO 65807,
(417) 520-2648.
7.
Default and Request to Act. Default has occurred under the deeds of trust, and the
beneficiary has requested the substitute trustee to conduct this sale. Notice is given that before the
sale the beneficiary may appoint another person as substitute trustee to conduct the sale.
Dated: February
0, 2015.
Notire ofForeclosure Sale
{AGFINN00015/00190768}
Exhibit A
Lease No.:01956-0001-00
Lessor:Merle J. Stewart et al
Lessee:Lovelady, I. W.
Lease Date:02/01/1962
Gross Acres:160.0000
Recording Info:07/20/62 BK 412 PG 327
State:Texas
County:ECTOR COUNTY
Legal Description:lnsofar and only insofar as said lease covers the following described land: SE/4NW/4, N/2N E/4,
SW/4NE/4 Section 19, Block 43, T3S, T&P Ry Co Sy Limited in depth from the surface down to a depth of 5,000 feet
Lease No.:01956-0002-00
Lessor:Merle J. Stewart et al
Lessee:Lovelady, I. W.
Lease Date:01/10/1963
Gross Acres:200.0000
Recording Info:02/12/63 BK 425 PG 567
State:Texas
County:ECTOR COUNTY
Legal Description:lnsofar and only insofar as said lease covers the following described land: SW/4, NW/4SE/4,
19, Block 43, T3S, T&P Ry Co Sy Limited in depth from the surface down to a depth of 5,000 feet
Section
Lease No.:01956-0003-00
Lessor:Merle J. Stewart et al
Lessee:Lovelady, I. W.
Lease Date:03/16/1963
Gross Acres:120.0000
Recording Info:04/08/63 BK 429 PG 212
State:Texas
County:ECTOR COUNTY
Legal Description:lnsofar and only insofar as said lease covers the following described land: N/2 NW/4, SW/4NW/4,
Section 30, Block 43, T3S, T&P Ry Co Sy Limited in depth from the surface down to a depth of 5,000 feet
Lease No.:01956-0004-00
Lessor:Merle J. Stewart et al
Lessee:Lovelady, I. W.
Lease Date:03/16/1963
Gross Acres:280.0000
Recording Info:04/08/63 BK 429 PG 214
State:Texas
County:ECTOR COUNTY
Legal Description:lnsofar and only insofar as said lease covers the following described land: SE/4, S/2NE/4,
Section 22, Block 44, T3S, T&P Ry Co Sy Limited in depth from the surface down to a depth of 5,000 feet
Notice ofForeclosure Sale
{AGFINN00015/00190768}
NE/4NE/4,
·. Lease No.:01956-0005-00
Lessor:Merle J. Stewart et al
Lessee:Adobe Oil & Gas, Inc.
Lease Date:08/05/1964
Gross Acres:121.8000
Recording Info:09/11/64 BK 483 PG 123
State:Texas
County:ECTOR COUNTY
Legal Description:lnsofar and only insofar as said lease covers the following described land: N/2NW/4, SW/4NW/4, Section
19, Block 43, T3S, T&P Ry Co SyLimited in depth from the surface down to a depth of 5,000 feet
Lease No.:01956-0006-00
Lessor:Merle J. Stewart et al
Lessee:Lovelady, I. W.
Lease Date:02/15/1963
Gross Acres: 180.7700
Recording Info:02106/62 BK 427 PG 181
State:Texas
County:ECTOR COUNTY
Legal Description:lnsofar and only insofar as said lease covers the following described land: E/2SE/4, Section
44, T3S, T&P Ry Co Sy
Limited in depth from the surface down to a depth of 5,000 feet
FIL~ THIS q""'
21,
Block
DAY OF
\~ 20\5
Linda Hone;' 'COUNTY CLERK
~TO~~UNTY, TEXAS
BvtiL
Notice ofForeclosure Sale
{AGFINN00015/00190768}
llUQ
£
DEPUTY
e­
'e :j
RECORDING REQUESTED BY:
I
"
I
dI
i
I
;1
WHEN RECORDED MAIL TO:
Lanelle Lynch or Shelley Nailor Kristina McCrary
clo Malcolm Cisnerosrrrustee Corps 17100 Gillette Avenue Irvine, CA 92614
(949) 252-8300
i
T8 No TX07000135-14-1 TO No 140412893-TX-RWI
APN MH300.71256.00000
NOTICE OF SUBSTITUTE TRUSTEE'S SALE
WHEREAS, on December 21, 2012, DAVID MEJIA, MEJIA, DAVID as Grantor/Borrower, executed and
delivered that certain Deed of Trust in favor of Steve Holmes Law Firm, P.C. as Trustee, Mortgage
Electronic Registration Systems. Inc. as nominee for R.H. Lending, Inc., its successors and assigns, as
original Beneficiary, which Deed of Trust secures the payment of that certain Promissory Note of even
date therewith in the original amount of $180,274.00, payable to the order of First Guaranty Mortgage
Corporation as current Beneficiary, which Deed of Trust recorded on December 28, 2012 as Document
No. 2012-00019703 in Ector County, Texas. Deed of Trust covers all of the real property described
therein, including, but not limited to, all of the following described property, rights and interests (the
"Property"), to-wit: SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF
APN MH300.71256.00000
.' ~
WHEREAS, the Trustee named in the Deed of Trust having been removed, the legal holder of the
indebtedness described in the Deed of Trust appointed Lanelle Lynch or Shelley Nailor Kristina McCrary
or either of them, as Substitute Trustee (each being referred to as the "Substitute Trustee"), upon the
contingency and in the manner authorized by the Deed of Trust; and
WHEREAS, defaults have occurred in the covenants of the Deed of Trust, monetary or otherwise, and the
indebtedness secured by arid described in the Deed of Trust is now wholly due, and First Guaranty
Mortgage Corporation, the legal holder of such indebtedness and the liens securing same has requested
either one of the Substitute Trustees to sell the Property in accordance with applicable law and the terms
and prOVisions of the Deed of Trust.
i
I
NOW THEREFORE, NOTICE IS HEREBY GIVEN that on TUESDAY, March 3, 2015 at 10:00 AM, no
later than three (3) hours after such time, being the first Tuesday of such month, the Substitute Trustee
will sell the Property at public venue to the highest bidder for cash. The sale will take place in Ector
County, Texas, at the area deSignated by the Commissioner's Court for sales of real property under a
power of sale conferred by a Deed of Trust or other contract lien as follows: THE FRONT DOOR OF THE
ECTOR COUNTY COURTHOUSE (WEST ENTRANCE) located at 300 North Grant Avenue Odessa,
Texas 79761. FILED THIS
ftbrLlat~
~ DAY OF
20 \s
Linda Haney, 'COUNTY CLERK
1IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIiI~~~:t~l~' T~~TY
4510005
::
-e··--··
e­
.'
TS No TX07000135-14-1
APN MH300.71256.00000
TO No 140412893-TX-RWl
The Deed of Trust may encumber both real and personal property. Formal notice is hereby given of and
First Guaranty Mortgage Corporation's election to proceed against and sell both the real property and any
personal property described in said Deed of Trust in accordance with and First Guaranty Mortgage
Corporation's rights and remedies under the Deed of Trust and Section 9.604(a) of the Texas Business
and Commerce Code.
NOTICE IS FURTHER GIVEN, that except to the extent that the Substitute Trustee may bind and obligate
Mortgagors to warrant title the Property under the terms of the Deed of Trust. Pursuant to Section 51.009
of the Texas Property Code, the Property will be sold in "as is', "where is condition. Conveyance of the
Property shall be made without any representations or warranties whatsoever, express or implied.
Prospective bidders are strongly urged to examine the applicable property records to determine the
nature and extent of such matters and are advised to conduct an independent investigation of the nature
and physical condition of the ~roperty.
Pursuant to Section 51.009 of the Texas Property Code, the Property will be sold in "as is', "where is"
condition, without any express or implied warranties, except as to the warranted.
ASSERT AND PROTECT YOUR RIGHTS AS A MEMBER OF THE ARMED FORCES OF THE UNITED
STATES. IF YOU ARE OR YOUR SPOUSE IS SERVING ON ACTIVE MILITARY DUTY, INCLUDING
ACTIVE MILITARY DUTY AS A MEMBER OF THE TEXAS NATIONAL GUARD OR THE NATIONAL
GUARD OF ANOTHER STATE OR AS A MEMBER OF A RESERVE COMPONENT OF THE ARMED
FORCES OF THE UNITED STATES, PLEASE SEND WRlrrEN NOTICE OF THE ACTIVE DUTY
MILITARY SERVICE TO THE SENDER OF THIS NOTICE IMMEDIATELY.
FOR REINSTATEMENT I PAYOFF REQUESTS CONTACT: (949) 252-8300 THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. To the extent your original obligation was discharged, or Is subject to an automatic stay of bankruptcy under
Title 11 of the United States Code, this notice Is for compliance and/or infonnatlonal purposes only and does
not constitute an attempt to collect a debt or to impose personal liability for such obligation. However, a
secured party retains rlgh1s under i1s security Instrument, including the right to foreclose 11s lien.
TS No TX0700013&-14-1
APN MH300.71256.00000
TO No 140412893-TX-RWI
EXHIBIT"An
LOT 4, BLOCK 14, PlUMANEARLY SUBDIVISION, A SUBDIVISION OF ECTOR COUNTY, TEXAS,
ACCORDING TO THE MAP OR PLAT OF RECORD IN VOLUME 8, PAGE 6, PLAT RECORDS OF
ECTOR COUNTY, TEXAS .
....
~:.;.
'.~
,1
NOTICE OF ACCELERATION AND NOTICE OF TRUSTEE'S SALE
DEED OF TRUST INFORMATION:
Date:
02!l4/2003
Grantor(s):
OSCARE. TORRES AND SPOUSE, AMALIA G. TORRES
Original Mortgagee:
AMERICANHOMEFRONT MORTGAGE, INC.
Original Principal:
$6\,965.00
Recording Information:
Book 1721 Page 0664 Instrument 2609
Property County:
Ector
Property:
BEING LOTS 9 AND 10, BLOCK 22, WESTRIDGE SUBDIVISION, 2ND FILING, A
SUBDIVISION OF ECTOR COUNTY, TEXAS, ACCORDING TO THE MAP OR PLAT OF
RECORD IN VOLUME 14, PAGE 39, PLAT RECORDS OF ECTOR COUNTY, TEXAS.
2515 NMOSS AVENUE, ODESSA, TX 79763
Reported Address:
MORTGAGE SERVICING INFORMATION;
The Mortgage Servicer, if not the Current Mortgagee, is representing the Current Mortgagee pursuant to a Mortgage
Servicing Agreement.
Current Mortgagee:
Wells Fargo Bank, NA
Mortgage Servicer:
Wells Fargo Bank, N. A.
Current Beneficiary:
Wells Fargo Bank, NA
Mortgage Servicer Address: 3476 Stateview Boulevard, Fort Mill, SC 29715
SALE INFORMATION:
Date of Sale:
Time of Sale:
Place of Sale:
Tuesday, the 3rd day of March, 2015
\ 0:00AM or within three hours thereafter.
AT THE FRONT DOOR OF THE ECTOR COUNTY COURTHOUSE (WEST ENTRANCE)
in Ector County, Texas, or, if the preceding area is no longer the designated area, at the area
most recently designated by the Ector County Commissioner's Court.
Substitute Trustee(s):
Lanelle Lynch or Shelley Nail or Kristina McCrary, Cristina Camarata, Sammy Hooda,
Michael Bums, Alexander Wolfe, Suzanne Suarez or Adam Womack, any to act
Substitute Trustee Address: 14841 Dallas Parkway, Suite 425, Dallas, TX 75254
WHEREAS, the above-named Grantor previously conveyed the above described property in trust to secure payment of
the Note set forth in the above-described Deed of Trust; and
WHEREAS, a default under the Note and Deed of Trust was declared; such default was reported to not have been
cured; and all sums secured by such Deed of Trust were declared to be immediately due and payable; and
WHEREAS, the original Trustee and any previously appointed Substitute Trustee has been removed and Lanelle
Lynch or Shelley Nail or Kristina McCrary, Cristina Camarata, Sammy Hooda, Michael Bums, Alexander Wolfe, Suzanne
Suarez or Adam Womack, any to act, have been appointed as Substitute Trustees and requested to sell the Property to satisfy
the indebtedness; and
WHEREAS, the undersigned law firm has been requested to provide these notices on behalf of the Current Mortgagee,
Mortgage Servicer and Substitute Trustees;
NOW, THEREFORE, NOTICE IS HEREBY GIVEN of the foregoing matters and that:
I. The maturity of the Note has been accelerated and all sums secured by the Deed of Trust have been declared to be
immediately due and payable.
2. Lanelle Lynch or Shelley Nailor Kristina McCrary, Cristina Camarata, Sammy Hooda, Michael Bums, Alexander Wolfe,
Suzanne Suarez or Adam Womack, any to act, as Substitute Trustee will sell the Property to the highest bidder for cash on
the date, at the place, and no earl ier than the time set forth above in the Sale Information section of this notice. The sale
will begin within three hours after that time.
3. This sale shall be subject to any legal impediments to the sale of the Property and to any exceptions referenced in the Deed
of Trust or appearing of record to the extent the same are still in effect and shall not cover any property that has been
released from the lien of the Deed of Trust.
4. No warranties, express or implied, including but not limited to the implied warranties of merchantability and fitness for a
particular purpose shall be conveyed at the sale, save and except the Grantor's warranties specifically authorized by the
Grantor in the Deed of Trust. The property shall be offered "AS-IS", purchasers will buy the property "at the purchaser's
own risk" and "at his peril", and no representation is made concerning the quality or nature oftitle to be acquired.
Purchasers will receive whatever interest Grantor and Grantor's assigns have in the property, subject to any liens or interests
of any kind that may survive the sale. Interested persons are encouraged to consult counsel of their choice prior to
participating in the sale of the property.
Very truly yours,
Buckley Madole, P.e.
FILED THIS A~-- DAY OF
'ftttuut~ 20 '6
Linda Haney, COUNTY CLERK
ECTOR COUNTY, TEXAS
BY'-1J~(~-- f'EPUTY
9986-N-3507
2146940508 PG1
POSTPKG NOTICE OF ACCELERATION AND NOTICE OF TRUSTEE'S SALE
DEED OF TRUST INFORMATION;
Date:
0113111986
Grantor(s):
ANTHONY D. PARRlS AND WIFE, CYNTHIA A. PARRIS
Original Mortgagee:
INVESTORS RESIDENTIAL MORTGAGE CORP.
Original Principal:
$61,650.00
Recording Information:
Instrument) 799
Property County:
Ector
Property:
LOT 2, BLOCK 57, FLEETWOOD ADDITION, 3RD FILING, AN ADDITION TO THE
CITY OF ODESSA, ECTOR COUNTY, TEXAS, ACCORDING TO THE MAP OR PLAT
THEREOF OF RECORD IN VOLUME 8, PAGE 20, PLAT RECORDS, ECTOR COUNTY,
TEXAS.
Reported Address:
1713 E 53RD ST, ODESSA, TX 79762
MORTGAGE SERVICING INFORMATION;
The Mortgage Servicer, if not the Current Mortgagee, is representing the Current Mortgagee pursuant to a Mortgage
Servicing Agreement.
Current Mortgagee:
Wells Fargo Bank, N.A. Mortgage Servicer:
Wells Fargo Bank, N. A. Current Beneficiary:
Wells Fargo Bank, N.A. Mortgage Servicer Address: 3476 StateviewBoulevard, Fort Mill, SC 29715
SALE INFORMATION;
Date of Sale:
Time of Sale:
Place of Sale:
Tuesday, the 3rd day of March, 2015
10:00AM or within three hours thereafter.
AT THE FRONT DOOR OF THE ECTOR COUNTY COURTHOUSE (WEST ENTRANCE)
in Ector County, Texas, or, if the preceding area is no longer the designated area, at the area
most recently designated by the Ector County Commissioner's Court.
Substitute Trustee(s):
Lanel1e Lynch or Shelley Nail or Kristina McCrary, Cristina Camarata, Sammy Hooda,
Michael Burns, Alexander Wolfe, Suzanne Suarez or Adam Womack, any to act
Substitute Trustee Address: 14841 Dallas Parkway, Suite 425, Dallas, TX 75254
WHEREAS, the above-named Grantor previously conveyed the above described property in trust to secure payment of
the Note set forth in the above-described Deed of Trust; and
WHEREAS, a default under the Note and Deed of Trust was declared; such default was reported to not have been
cured; and all sums secured by such Deed of Trust were declared to be immediately due and payable; and
WHEREAS, the original Trustee and any previously appointed Substitute Trustee has been removed and Lanelle
Lynch or Shelley Nailor Kristina McCrary, Cristina Camarata, Sammy Hooda, Michael Burns, Alexander Wolfe, Suzanne
Suarez or Adam Womack, any to act, have been appointed as Substitute Trustees and requested to sell the Property to satisfy
the indebtedness; and
WHEREAS, the undersigned law firm has been requested to provide these notices on behalf of the Current Mortgagee,
Mortgage Servicer and Substitute Trustees;
NOW, THEREFORE, NOTICE IS HEREBY GIVEN of the foregoing matters and that:
1. The maturity of the Note has been accelerated and all sums secured by the Deed of Trust have been declared to be
immediately due and payable.
2. Lanelle Lynch or Shelley Nail or Kristina McCrary, Cristina Camarata, Sammy Hooda, Michael Burns, Alexander Wolfe,
Suzanne Suarez or Adam Womack, any to act, as Substitute Trustee will sell the Property to the highest bidder for cash on
the date, at the place, and no earlier than the time set forth above in the Sale Information section of this notice. The sale
wi II begin within three hours after that time.
3. This sale shall be subject to any legal impediments to the sale ofthe Property and to any exceptions referenced in the Deed
of Trust or appearing of record to the extent the same are still in effect and shall not cover any property that has been
released from the lien ofthe Deed of Trust.
4. No warranties, express or implied, including but not limited to the implied warranties of merchantability and fitness for a
particular purpose shall be conveyed at the sale, save and except the Grantor's warranties specifically authorized by the
Grantor in the Deed of Trust. The property shall be offered "AS-IS", purchasers will buy the property "at the purchaser's
own risk" and "at his peril", and no representation is made concerning the quality or nature oftitle to be acquired.
Purchasers will receive whatever interest Grantor and Grantor's assigns have in the property, subject to any liens or interests
of any kind that may survive the sale. Interested persons are encouraged to consult counsel of their choice prior to
participating in the sale of the property.
Very truly yours,
Buckley Madole, P.e.
FILED THIS
f'torUor~,
~~
DAY OF
20--1:L
Linda Haney, COUNTY CLERK
ECTOR ~OUNTY, TEXAS
-'-'-"""'\:f.\-J.-><I..~l..L'4..'>~~ DEPUTY
9986-N-1788
2146930786 PG1
POSTPKG
NOTICE OF FORECLOSURE SALE 1. Property to Be Sold. The property to be sold is described as follows:
BEING LOT 2, BLOCK 24, WINDSOR HEIGHTS ADDmON, 2ND FILING, AN ADDmON TO THE CITY OF
ODESSA, ECTOR COUNTY, TEXAS. ACCORDING TO THE MAP OR PLAT OF RECORD IN VOLUME 3. PAGE 128.
PLAT RECORDS, ECTOR COUNTY, TEXAS.
1. illlltnllflml to be ForechJsed. The instrument to be foreclosed is the Deed of Trust dated 0711412011 and recorded in
Document 201l..()OOl 0221 real property records ofEctor County, T~as.
3. Dale, TiIu., tmd Place o/SoIt!..
I2l!!!l: 03/0312015
Time: The sale will begin no earlier than 10:00 AM or no later than three hours thereafter.
Place: Ector County Counhouse, Texas, at the following location: THE FRONT DOOR OF THE ECTOR COUNTY
COURTHOUSE (WEST ENTRANCE)OR AS DESIGNATED BY THE COUNTY COMMISSIONER'S OFFICE or
as designated by the County Commissioners Court.
4. Terms 0/ Sale. The sale will be conducted as a public auction to thc highest bidder for cash. Pursuant to the deed of trust,
the mortgagee bas the right to direct the Trustee to sell the property in one or more parcels andlor to sell all or only part of the
property.
Pursuant to section 51.009 of the Texas Property Code, the property will be sold in AS IS, WHERE IS condition, without any
express or implied warranties, except as to the warranties of title, if any, provided for under the deed of trust. Prospective
bidders are advised to conduct an independent investigation of the nature and physical condition of the property.
Prospective bidders are reminded that by law the sale will necessarily be made subject to all prior matters of record affecting
the property, if any, to the extent that they remain in force and effect and have not been subordinated to the deed of trust. The
sale shall not cover any part of the property that bas been released of public record from the lien of the deed of trust.
Prospective bidders are strongly urged to examine the applicable property records to determine the nature and extent of such
matters, if any. If the sale is set aside for any reason, the Purchaser at the sale shall be entitled only to a return of the deposit
paid. The Purchaser shall have no further recourse against the Mortgagor, the Mortgagee or the Mortgagee's attorney.
5. 0bIig1lliD1U Sealreti. The Deed of Trust executed by STACY NICHOLS AND LANDON NICHOLS, provides that it
secures the payment of the indebtedness in the original principal amount of $121,831.00, and obligations therein described
including but not limited to (a) the promissory note; and (b) all renewals and extensions of the note. BANK OF AMERICA,
N.A. is the current mortgagee of the note and deed oftI'u.'It and BANK OF AMERICA, N.A. is mortgage servieer. A servicing
agreement between the mortgagee. whose address is BANK OF AMERICA. N.A. clo BANK OF AMERICA. N.A., 4500
PARK GRANADA, CALABASAS, CA 91302 and the mortgage servieer and Texas Property Code § 51.0025 authorizes the
mortgage scrviecr to collect the debt
6. De/1l1l1t ad R«/1UISi to Act. Default has occurred under the deed of trust, and
Trustee conduct this sale. Notice is given that before the sale the mort
conduct the sale.
LA
13.oo2R72-S7()
2924 CHISUM AVENUE
ODESSA. TX 79762
LE L YNCR, SHELLEY OR MICHAEL W. ZIENTZ clo AVT Title Services, LLC 13770 Noel Road #801529
Dallas, TX 75380-1529
ASSERT AND PROTECT YOUR RIGHTS AS A MEMBER OF THE ARMED FORCES OF THE UNITED STATES.
IF YOU ARE OR YOUR SPOUSE IS SERVING ON ACTIVE MILITARY DUTY, INCLUDING ACTIVE
MiLITARY DUTY AS A MEMBER OF THE TEXAS NATIONAL GUARD OR THE NATIONAL GUARD OF
ANOTHER STATE OR AS A MEMBER OF A RESERVE COMPONENT OF THE ARMED FORCES OF THE
UNITED STATES. PLEASE SEND WRITTEN NOTICE OF THE ACTIVE DUTY MILITARY SERYlCE TO THE
SENDER OF THIS NOTICE IMMEDIATELY.
FILED THIS 01tL DAY OF
Fe l>f \A at\1 20 \0)
f
Linda Haney COUNTY CLERK
ECTOR COUNTY, TEXAS
BYJJclO'iY1L~~ DEPUTY
f
111111111111111111111111111111,11111
4510424
.
NOTICE OF FORECLOSURE SALE
I. Property to '& &HII. The property to be sold is described as follows:
SEE ATIACHED EXHIBlT A
2.11fStnllrJent to be FoncIDSIIII. The instrument to be foreclosed is the Deed of Trust dated 10/2012006 and recorded in Book
2076 Page 440 real property records of Ector County. Texas.
3. Dtne, TiMe, flIId Place of&le. The sale is scheduled to be held at the following date, time, and place:
Date: 03/03120 IS
Time: The sale will begin no earlier than 10:00 AM or no later than three hours thereafter.
Place: Ector County Courthouse, Texas, at the following location: THE FRONT DOOR OF THE ECTOR COUNTY
COURTHOUSE (WEST ENTRANCE)OR AS DESIGNATED BY THE COUNTY COMMISSIONER'S OFFICE or
a., designated by the County Commissioners Court.
4. TerlfIS Df SlIIe. The sale will be conducted as a public auction to the highest bidder for eash. Pursuant to the deed of trust,
the mortgagee has the right to direct the Trustee to sell the property in one or more parcels andlor to sell all or only part of the
property.
Pursuant to section 51.009 of the Texas Property Code, the property will be sold in AS IS, WHERE IS condition, without any
express or implied warranties, except as to the warranties of title, if any, provided for under the deed of trust. Prospective
bidders are advised to conduct an independent investigation of the nature and physical condition ofthe property,
an
prior matlers of record affecting
Prospective bidders are reminded that by law the sale will necessarily be made subject to
the property, ifany, to the extent that they remain in force and effect and have not been subordinated to the deed of trust. The
sale shall not cover any part of the property that has been released of public record from the lien of the deed of trust.
Prospective bidders are strongly urged to examine the applicable property records to determine the nature and extent of such
matters, if any. If the sale is set aside for any reason, the Purchaser at the sale shall be entitled only to a return of the deposit
paid. The Purchaser shall have no further recourse against the Mortgagor, the Mortgagee or the Mortgagee's attorney.
S. Obligll.liows Secared. The Deed of Trust executed by SYLVIA RUTZ AND ANGEL RUTZ, provides that it secures the
payment of the indebtedness in the original principal amount of $56,000.00. and obligatiollS therein described including but not
limited to (a) the promissory note; and (b) all renewals and extensions of the note. U.S. BANK NATIONAL ASSOCIATION,
AS TRUSTEE FOR RESIDENTIAL ASSET SECURITIES CORPORATION, HOME EQUITY MORTGAGE ASSET­
BACKED PASS-THROUGH CERTIFICATES, SERIES 2007-KS3 is the current mortgagee of the note and deed of trust and
OCWEN LOAN SERVICING, LLC is mortgage servicer. A servicing agreement between the mortgagee, whose address is
U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR RESIDENTIAL ASSET SECURITIES CORPORATION,
HOME EQUITY MORTGAGE ASSET-BACKED PASS-THROUGH CERTIFICATES, SERIES 2007-KS3 c/o OCWEN
LOAN SERVICING, LLC, 1661 Worthington Road, Suite 100, West Palm Beach, FL 33409 and the mortgage servicer and
Texas Property Code § 51.0025 authorizes the mortgage servicer to collect the debt.
6. DejfDllt fl1td RII!fJIleSI tD AcL Defuult has occurred under the deed oftrust and U.S. BANK NATIONAL ASSOCIATION, AS
TRUSTEE FOR RESIDENTIAL ASSET SECURITIES CORPORATION, HOME EQUITY MORTGAGE ASSET-BACKED
PASS-THROUGH CERTTFICATES, SERIES 2007-KS3 obtaincd a Home Equity Foreclosure Order from the 70th District
Court of Ector County on 01/231201S under Cause No. A-138,671. The ortgagee has request
Substitute Tm~
duct
t t bcfor
c Ic thc rnortga
n
this sale pursuant to the Court's Ordcr and notice is gi
substitute trustee to conduct the sale.
,-,o,"""•• ..,E
14003500-670
2120WllSTYUKON ROAD
ODESSA. TX m64
~RT
LYNCR, SHELLEY
MICHAEL W. ZlENTZ
c/o AVT Title Services, LLC
13770 Noel Road #80 1529
Dallas, TX 75380-1529
AND PROTECT YOUR RIGHTS AS A MEMBER OF THE ARMED FORCES OF THE UNITED STATES.
Q' YOU ARE OR YOUR SPOUSE IS SERVING ON ACTIVE MILITARY DUTY, INCLUDING ACTIVE
MILITARY DUTY AS A MEMBER OF THE TEXAS NATIONAL GUARD OR THE NATIONAL GUARD OF
ANOTHER STATE OR AS A MEMBER OF A RESERVE COMPONENT OF THE ARMED FORCES OF THE
UNITED STATES, PLEASE SEND WRlTIEN NOTICE OF THE ACTIVE DUTY MILITARY SERVICE TO THE
SENDER OF THIS NOTICE IMMEDIATELY.
FILED THIS ~ DAY OF
ftbr\tCU-~, 20 \:2
Linda Haney, COUNTY CLERK ECTOR CO~NTY, TEXAS By~12~_._~- DEPUTY 1111111111111111111111111111111111111
4510446
Doc
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Our File Number: 220.018539
Name: HENRY SOTO
NOTICE OF TRUSTEE'S SALE
Assert and protect your rights as a member of the armed forces of the United States. If you are or
your spouse is serving on active military duty, including active military duty as a member of the Texas
National Guard or the National Guard of another state or as a member of a reserve component of the armed
forces of the United States, please send written notice of the active duty miHtary service to the sender of this
notice immediately.
WHEREAS, on November 1,2002, HENRY SOTO, executed a Deed of Trust conveying to MELANIE
ERWIN as Trustee, the Real Estate hereinafter described, to DAVIE MATIHEW JONES, in the payment of a debt
therein described, said Deed of Trust being recorded under County Clerk Number 7371, Volume 1743, Page 0939 in
the DEED OF TRUST OR REAL PROPERTY records of ECTOR COUNTY, TEXAS; and
WHEREAS, default has occurred in the payment of said indebtedness, and the same is now wholly due,
and the owner and holder has requested to sell said property to satisfy said indebtedness;
WHEREAS, the undersigned has been appointed Substitute Trustee in the place of said original Trustee,
upon the contingency and in the manner authorized by said Deed of Trust; and
NOW, THEREFORE, NOTICE IS HEREBY GIVEN that on TUESDAY, March 3,2015 between ten
o'clock AM and four o'clock PM and beginning not earlier than 10:00 AM. or not later than three hours thereafter, I
will sell said Real Estate at the County Courthouse in ECTOR COUNTY, TEXAS to the highest bidder for
cash. The sale will be conducted in the area of the Courthouse designated by the Commissioners' Court, of said
county, pursuant to Section §51.002 of the Texas Property Code as amended.
Said Real Estate is described as follows:
LOT 1, BLOCK 2, BELLAIRE HEIGHTS, AN ADDITION TO THE CITY OF
ODESSA, ECTOR COUNTY, TEXAS, ACCORDING TO TIlE MAP OR PLAT
THEREOF OF RECORD IN VOLUME 3, PAGE 31, PLAT RECORDS OF ECTOR
COUNTY, TEXAS; EXCEPT ALL OIL, GAS AND OTHER MINERALS AS
HERETOFORE RESERVED BY PRIOR GRANTORS.
Property Address:
3201 CHESTNUf AVENUE
ODESSA, TX 79762
Mortgage Servicer:
OCWEN LOAN SERVICING LLC
Noteholder:
THE BANK OF NEW YORK MELLON FIKlA THE BANK OF NEW YORK AS
SUCCESSOR IN INTEREST TO JPMORGAN CHASE BANK, NATIONAL
ASSOCIATION, AS TRUSTEE FOR C-BASS MORTGAGE LOAN ASSET-BACKED
CERTIFICATES, SERIES 2003-CB4
1661 WORTHINGTON RD STE 100
WEST PALM BEACH, FL 33409
The Mortgage Servicer is authorized to represent the Noteholder by virtue of a servicing agreement with the
Noteholder. Pursuant to the Servicing Agreement and Texas Property Code §51.0025, the Mortgage Servicer is
authorized to collect the debt and to administer any resulting foreclosure ofthe property securing the above
referenced loan.
"
WITNESS MY HAND this day, February 9, 2015.
/7 LV ail, Lanelle Lynch
McCrary, Substitute Trustee
c/o Angel Reyes & Associates, P.C.
5950 Berkshire Lane, Suite 410
Dallas, Texas 75225
(214) 526-7900
FILED THIS
~
DAY OF
~t~o.x\b 20-Q
Linda Haney, 'COUNTY CLERK
ECTOR C~UNTY, TEXAS
BY~[U)JnG lUt~
DEPUTY
CAUSE NO. B-135,091 THE BANK OF NEW YORK MELLON
F/KIA THE BANK OF NEW YORK AS
SUCCFSSOR
IN
INTEREST
1'0
JPMORGAN CHASE BANK, NATIONAL §
ASSOCIATION, AS TRusrEE FOR C- §
BASS MORTGAGE LOAN
ASSET-I
BACKED CERTIFICATES, SERIES 2003- I
CB4 I
§
PLAINTIFF
§
~
I
I
IN THE DISTRlCf COURT
OF ECTOR COUNTY, TEXAS
§
MONICA ANN SOTO, HENRY L. S01'O §
JR. AND OR MONICA ANN SOTO AS §
TIlE NEXT FRIEND OF HENRY L. SOTO, §
JR., ENRIQUE G. SOTO AND/OR §
MONICA ANN SOTO, AS THE NEXT §
FIUEND OF ENRIQUE G. SOTO, ANNA §
MARIE SOTO, RAQUEL A. SOTO, AMY §
SOTO, AND THE UNKNOWN HEIRS OF I
ESTATE OF HENRY SOTO, DECEASED §
161" JUDICIAL DISTRICT
DEFENDANTS
JUDGMENT
On the date entered below came on for trial the above-styled and numbered cause. The Court
finds that
1. Defendant Ana Marie Soto was sened with process on February 27.2014 and filed an
answer on March 14. 2014. Defendant Anna Marie Solo 1lI'p8. .11 pf18 !Ie I appe_d
lhRMIsh .1IMe1I failed to appear [STRIKE 1WO] for trial.
2. Defendant Raquel A. Soto was served with process on February 20. 2014 and has not
filed an answer in this case. Defendant Raquel A. Solo appeaR:d pAl &8 I ep,8BNtI
1Iwe..p couusell failed to appear [STRIKE 1W0] for trial.
3. Defendant Monica Ann Solo was served with process by publication, the return of which
was filed with this court on August 21, 2014. Monica Ann Solo appeared through her
counsel, court appointed ad litem Kristen Mackay.
4. Defendant Enrique G. Solo was served with process by publication, the return of which
was filed with this court on August 21, 2014. Enrique G. SOlO appeared through his
counsel. court appointed ad litem Kristen Mackay.
S. Defendant Henry L. Solo, Jr. was served with process by publication. the return of
which was filed with this court on August 21.2014. Henry L SOlO Jr. appeared through
his counsel. court appointed ad litem Kristen Mackay.
ORDER - Page 1 of 4
6. Defendant Amy Solo was served with process by publication, the return of which was
filed with this court on August 21. 2014. Amy SOlO appeared through her counsel. court
appointed ad litem Kristen Mackay.
7. The ad litem has investigated the known and unknown heirs of Henry SOlO. Deceased
("Decedent") and all known heirs are correctly made a party to this lawsuit. No unknown
heirs are believed to exist. However, to the extent that any Unknown Heirs of Henry
Soto, Deceased do exist then they are represented in this trial by court appointed ad
litem, Kristen Mackay.
8. Plaintiff THE BANK OF NEW YORK MELLON FIKlA THE BANK OF NEW
YORK AS SUCCESSOR IN INTEREST TO JPMORGAN CHASE BANK.
NATIONAL ASSOCIATION, AS TRUSTEE FOR C-BASS MORTGAGE LOAN
ASSET-BACKED CERTIFICATE'S, SERIES 2003-CB4 is the bolder of a note, deed
of trust, and express vendor's lien which are seeued against the property commonly
known as 3201 CHESTNUT AVENUE ODESSA, ECTOR COUNTY TEXAS 79762
("Property") and legally described as: LOT I, BLOCK 2, BEll.AIRE HEIGHTS, AN
ADDmON TO THE CITY OF ODESSA, ECTOR COUNTY, TEXAS,
ACCORDING TO THE MAP OR PLAT THEREOF OF RECORD IN VOLUME 3,
PAGE 31. PLAT RECORDS OF ECTOR COUNTY, TEXAS; EXCEPT ALL On..
GAS AND OTHER MINERALS AS HERETOFORE RESERVED BY PRIOR
GRANTORS;
9. The debt owed to Plaintiff by Decedent under the note which is secured by the deed
of trust and express vendor's lien remains unpaid and in default and Plaintiff is
entitled to rescind the express vendor's lien;
IT IS THEREFORE ORDERED, ADJUDGED, AND DECREED that Plaintiff is
granted ludgment against Anna Marie Soto, Raquel A. Soto, Monica Ann SOlO, Enrique G. Soto,
Henry L. Sato. Jr., Amy Soto, and the Unknown Heirs of Henry SOlO ("Defendants").
IT IS FURTHER ADJUDGED, that all Defendants, upon the death of Decedent. were
immediately vested with their intestate share of Decedent's rights. title. and interest in the
property commonly known as 3201 CHESTNUT AVENUE ODESSA. ECTOR COUNTY
TEXAS 79762 ("Property") and legally descnDed as:
Lar I, BLOCK 2, BELLAIRE HEIGKrS, AN ADDmON TO THE
CITY OF ODESSA. ECTOR COUNTY, TEXAS, ACCORDING TO
THE MAP OR PLAT THEREOF OF RECORD IN VOLUME 3, PAGE
31. PLAT RECORDS OF ECTOR COUNTY. 1EXAS; EXCEPT ALL
OlL, GAS AND OTHER MINERALS AS HERETOFORE RESERVED
BY PRIOR GRANTORS;
ORDER - Page 2 of 4
•
IT IS FURTHER ADJUDGED that the express vendor's lien held and owned by
Plaintiff against the Property is hereby rescinded, as it relates the Defendants, because of the
material default in payment of the purchase money indebtedness secured by such vendor's lien;
IT IS FURTHER ADJUDGED thalthe method for rescinding the vendor's lien shall be
in accordance with Texas Property Code §51.002;
IT IS FURTHER ADJUDGED that one of the effects of the sale of the Property under
Texas Property Code §51.002 shall be thalthe Defendants are divested of all rights, tide, interest,
and possession in and of the Property and that the purchaser at the sale be vested with all rights,
title, interest, and possession previously held by Defendants as heirs of Decedent;
IT IS FURTHER ADJUDGED that if the sale under Texas Property Code §51.002
results in excess funds then those excess funds will be deemed property of Decedent's probate
estate and the funds will be deposited into the Court registry until a judicial heirship or other
probate proceeding is filed by an appropriate party, at which time the funds in the registry will be
transferRd to the appropriate probate court for release and disbursement
IT IS FURTHER ADJUDGED that all Defendants are expressly heJd not liable to the
Plaintiff for money damages related to this case.
IT IS FURTHER ADJUDGED that Plaintiff is allowed such writs and process as may
be necessary in the enforcement and collection of this judgment.
IT IS FURTHER ADJUDGED that costs of court be taxed against the party by whom
incurred;
IT IS FURTHER ADJUDGED that Plaintiff will pay the Ad Litem fees of
~A/1~_q-
$-----i~
...GL6~/1;iI/_r........;;-~_ _ _ _ _within
thirty (30) days ofjudgment.
IT IS FURTHER ADJUDGED Kristen Mackay is hereby dismissed as the Ad Utem.
ORDER - Page 3 of 4
· .. IT IS FURTHER ADJUDGED that this is a Final Judgment against the all Defendants
in the case and disposes of all parties and all claims remaining in the case.
SIGNED this
~daY of "'~IfiooKo~
t
201S.
ORDER - Page 4 of 4